Barber Asphalt Pav. Co. v. Morris

Citations

• 132 F. 945
• 67 L.R.A. 761
• 1904 U.S. App. LEXIS 4358

Syllabus

<p>1. Abatement — Another Action Pending — State and Federal Courts.</p> <p>The pendency in a state court of a prior action between the same parties for the same cause furnishes no ground for an abatement or for a stay of proceedings in a subsequent action brought by the same plaintiff in a federal court, where no conflict arises between the courts over the custody or dominion of specific property.</p> <p>Wherever, however, one of the courts secures by proper process the custody or dominion of specific property which it is one of the objects of the suit in the other court to subject to its judgment or decree, the latter action should not be dismissed, but it should be stayed until the proceedings in the court which first obtained jurisdiction of the property are concluded, or ample time for their termination has elapsed.</p> <p>2. Federal Courts — Exclusive Jurisdiction op State Courts.</p> <p>The jurisdiction of the federal courts may not be limited or impaired by state legislation which confers exclusive jurisdiction of litigation upon state courts or prescribes exclusive methods of invoking tliat jurisdiction.</p> <p>Wherever the citizens of a state may secure a trial of their controversies by its courts of general jurisdiction either by original process, or by appeal, or by other proceedings, the citizens of different states may obtain the trial of like controversies between them' by some appropriate action in the federal courts.</p> <p>3. Same — Federal Jurisdiction not Appected by City Charter.</p> <p>Section 80 of the charter of Duluth, which provides for appeals from the allowance or rejection of claims against that city to the district court of St. Louis county, Minn., and prohibits the payment of such claims while such appeals are there pending, does not restrict the jurisdiction of the federal courts over claims of citizens of other states, or the power of those courts to enforce their judgments upon such claims, and actions by original process in the fed